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Keith Sabey

Bare Trustee Found to be “Particular Individual” under the Excise Tax Act: New Housing Rebate Denied

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 Her Majesty the Queen v. Cheema, 2018 FCA 45 (CanLII)

Often home buyers need to rely on a guarantor in order to allow them to qualify for the mortgage. In such cases, a lender often requires the guarantor to be registered as an owner of the property; even if the parties agree that the purchasers are the sole beneficial owners of the property. In this context, the guarantor, or bare trustee, holds no beneficial interest in the property although they are a registered owner of the property. Continue reading “Bare Trustee Found to be “Particular Individual” under the Excise Tax Act: New Housing Rebate Denied” »

Committee’s Power to Waive Privilege on Behalf of Patient

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There are many circumstances where a committee appointed to look after the affairs of a mentally incompetent patient may need to access the contents of a patient’s file materials from a lawyer. The cases of Derlago v Derlago, (1994) 93 BCLR (2d) 307, 2ETR (2d) 315 and Re: Elsie Jones, 2009 BCSC 1306, at paras 12-13, clarifies that the authority to make decisions regarding a patient’s property, including legal files, extends to the committee.

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